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(영문) 서울남부지방법원 2014.03.13 2013고단4145
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

(e).

Reasons

Punishment of the crime

[criminal power] On July 15, 2003, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Labor Standards Act in the Southern Branch of Seoul District Court on July 23, 2003, and the judgment became final and conclusive on July 23, 20

【Criminal Facts】

The Defendant, as the representative of C in the fourth floor of the Guro-gu Seoul Metropolitan Government, is an employer who runs the manufacturing industry using 12 full-time workers, and the Defendant did not pay wages or retirement allowances for four retired workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties to the payment, as shown in the attached Form Nos. 1, 3, 7, and 22.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Previous convictions: Requests for criminal investigation data and application of criminal investigation reports (related to the crimes subject to the latter part of Article 37 of the Criminal Act and concurrent crimes);

1. Articles 112 and 36 of the former Labor Standards Act (amended by Act No. 7465 of Mar. 31, 2005) concerning criminal facts

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62)(Article 62(1)(Article 62)(Article 62(1)(Article 62(1)(Article 62(1))(Article 62(3)(Article 62(1)(Article 62(1)(Article 62(1))(Article 62(2)(Article 62(1))(Article 62(3)(Article 62(1))(Article 62(1))(Article 62(3))(Article 62(1))(Article 62(1)))

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